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RIAA To Sue Individual's for File Sharing (This could mean you!!!!)
Miami Herald ^ | 06/25/2003 | Ted Bridis

Posted on 06/25/2003 6:15:06 PM PDT by jimmccleod

Music Labels Step Up Internet Piracy Hunt
TED BRIDIS
Associated Press

WASHINGTON - The embattled music industry disclosed plans Wednesday for an unprecedented escalation in its fight against Internet piracy, threatening to sue hundreds of individual computer users who illegally share music files online.

The Recording Industry Association of America, citing significant sales declines, said it will begin Thursday to search Internet file-sharing networks to identify music fans who offer "substantial" collections of MP3 song files for downloading.

It expects to file at least several hundred lawsuits seeking financial damages within eight to 10 weeks.

Executives for the RIAA, the Washington-based lobbying group that represents major labels, would not say how many songs on a user's computer might qualify for a lawsuit. The new campaign comes just weeks after U.S. appeals court rulings requiring Internet providers to identify subscribers suspected of illegally sharing music and movie files.

The RIAA's president, Cary Sherman, said tens of millions of Internet users of popular file-sharing software after Thursday will expose themselves to "the real risk of having to face the music." He said the RIAA plans only to file lawsuits against Internet users in the United States.

"It's stealing. It's both wrong and illegal," Sherman said. Alluding to the court decisions, Sherman said Internet users who believe they can hide behind an alias online are mistaken. "You are not anonymous," Sherman said. "We're going to begin taking names."

Shopping at a Virgin Megastore in San Francisco, Jason Yoder was planning to delete file-sharing software he uses from his home computer because of the new lawsuit threat. He acknowledged using the Internet recently to find a copy of a rare 1970s soul recording, but he agreed that illegal downloads should be curtailed.

"It's sort of like a serial drunk driver has to have their license taken away at some point," said Yoder, 30.

Sharman Networks Ltd., which makes the popular Kazaa software and operates one of the world's largest file-sharing networks, said in a statement, "It is unfortunate that the RIAA has chosen to declare war on its customers by engaging in protracted and expensive litigation." Sharman said it was interested in a business relationship with music labels and could protect their songs from illegal downloads using technology.

Country songwriter Hugh Prestwood, who has worked with Randy Travis, Trisha Yearwood and Jimmy Buffett, likened the RIAA's effort to a roadside police officer on a busy highway.

"It doesn't take too many tickets to get everybody to obey the speed limit," Prestwood said.

Critics accused the RIAA of resorting to heavy-handed tactics likely to alienate millions of Internet file-sharers.

"This latest effort really indicates the recording industry has lost touch with reality completely," said Fred von Lohmann, a lawyer for the Electronic Frontier Foundation. "Does anyone think more lawsuits are going to be the answer? Today they have declared war on the American consumer."

Sherman disputed that consumers, who are gradually turning to legitimate Web sites to buy music legally, will object to the industry's latest efforts against pirates.

"You have to look at exactly who are your customers," he said. "You could say the same thing about shoplifters - are you worried about alienating them? All sorts of industries and retailers have come to the conclusion that they need to be able to protect their rights. We have come to the same conclusion."

Mike Godwin of Public Knowledge, a consumer group that has challenged broad crackdowns on file-sharing networks, said Wednesday's announcement was appropriate because it targeted users illegally sharing copyrighted files.

"I'm sure it's going to freak them out," Godwin said. "The free ride is over." He added: "I wouldn't be surprised if at least some people engaged in file-trading decide to resist and try to find ways to thwart the litigation strategy."

The entertainment industry has gradually escalated its fight against piracy. The RIAA has previously sued four college students it accused of making thousands of songs available for illegal downloading on campus networks. But Wednesday's announcement was the first effort to target users who offer music on broadly accessible, public networks.

The Motion Picture Association of America said it supported the efforts, but notably did not indicate it plans to file large numbers of civil lawsuits against Internet users who trade movies online.

MPAA Chief Jack Valenti said in a statement it was "our most sincere desire" to find technology solutions to protect digital copies of movies.

Rep. Howard Berman, D-Calif., who has proposed giving the entertainment industry new powers to disrupt downloads of pirated music and movies, said the RIAA's actions were overdue. "It's about time," Berman said in a statement. "For too long ... file-traffickers have robbed copyright creators with impunity."

The RIAA said its lawyers will file lawsuits initially against people with the largest collections of music files they can find online. U.S. copyright laws allow for damages of $750 to $150,000 for each song offered illegally on a person's computer, but Sherman said the RIAA will be open to settlement proposals from defendants.


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Culture/Society; News/Current Events; Technical
KEYWORDS: bearshare; filesharing; grokster; kazaa; limewire; morpheus; music; napster; riaa
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How many of you will stop downloading any music because of this. Has the RIAA won?
1 posted on 06/25/2003 6:15:07 PM PDT by jimmccleod
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To: jimmccleod
Good luck suing the file-sharing companies that are hosted from Europe.
2 posted on 06/25/2003 6:18:50 PM PDT by Excuse_My_Bellicosity
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To: jimmccleod
I don't know. I guess the key is to not keep too many songs in your directory. I think any defendant should also cite relevant Constitutional passages.

I do not consider musical recordings to be "useful arts." It is clear that no one is using these files in business or to perpetrate a fraud that they are the original artists.

The Constitution clearly meant what we would consider to be patents or useful technologies to encourage innovation. It does not mean that an electronic recording is yours in perpetuity.
3 posted on 06/25/2003 6:19:33 PM PDT by Skywalk
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To: jimmccleod
I never download music of any kind from the net, and I never buy CDs.

Still, RIAA wants a law that would allow them to cruise through my computer when I'm on-line to see what I might have.

Because of their attitude, RIAA is quickly alienating people who want nothing to do with them or their enemies.

4 posted on 06/25/2003 6:21:07 PM PDT by muawiyah
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To: jimmccleod
Will we stop downloading from Kaaza Gold? I doubt it. Let them sue their customers out of existence.
5 posted on 06/25/2003 6:21:54 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: jimmccleod
Not by a long shot. They're not going after those that download, only those that offer stuff for download. And since they're only going after those that offer stuff for download who are in the United States, there's gonna be plenty of other sources around the world to download from for those who want to download music.

They should just offer the music for sale on the internet on a per-song and save themselves the distribution costs. I don't want to pay $18 for a cd on which I only like one song, and neither does anyone else, which is why file-swapping is so widespread.
6 posted on 06/25/2003 6:21:56 PM PDT by Henrietta
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To: jimmccleod
GOOD!

I hope they make a Million, billion, kazillion, quantrillion9 dollars suing all these music thieves.

7 posted on 06/25/2003 6:22:07 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: jimmccleod
I'm going to keep downloading songs. I still buy the albums of the non-mainstream bands that I like
8 posted on 06/25/2003 6:23:19 PM PDT by Michael2001 (Pain heals, chicks dig scars, glory lasts forever)
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To: Skywalk
"The Constitution clearly meant what we would consider to be patents or useful technologies to encourage innovation. It does not mean that an electronic recording is yours in perpetuity."

As far as patents are concerned, you are correct. However, patents do not protect music; music is protected by copyrights. And you can protect copyrighted material until 50 years after the death of the author.
9 posted on 06/25/2003 6:23:51 PM PDT by Henrietta
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To: jimmccleod
I suppose all the Tom-Dick-Harry owners of porta studios who crank out MP3 audio crap for download could offer their own copyright waivers along with their crap. Sheez. It ain't even worth copyrighting, let alone downloading.
10 posted on 06/25/2003 6:24:49 PM PDT by Greg Packer (Howell is my buddy. Leave 'im alone.)
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To: jimmccleod
I don't bother to download songs because I would rather buy the nice CD in its shiny package. I don't buy that many, anyway.

However, how would they ever proove that it was me who downloaded the songs? Any guest could have come over, used my computer to check their email, and downloaded some songs that I don't have legal CDs to. There is absolutely no way for them to prove that it was a particular person.
11 posted on 06/25/2003 6:28:35 PM PDT by ReagansShinyHair
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To: ReagansShinyHair
All I have to say is that, I have bought MORE cds since I have started downloading music than beforehand. I am just very selective. If I am going to spend 15 or more dollars on a CD there had better be a few good songs on it. All of these bands want to make money on ONE @#%$-ing song It drives me nuts. Show some real talent and I will spring for the cd (as I have) until then, the singers need to get ready to feel the pain for producing worthless music.
12 posted on 06/25/2003 6:32:08 PM PDT by FORMERMID
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To: Henrietta
They're not going after those that download, only those that offer stuff for download.

At the risk of showing my ignorance (yet again today!), is an individual in violation of the law if: a)that individual offers for download copyrighted music; and, b)owns legal copies of each song that he offers for that download?

It seems to me that the downloader would be the party infringing the copyright.

13 posted on 06/25/2003 6:32:33 PM PDT by BkBinder
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To: Jhoffa_
First there is a million, then comes billion, trillion, quadrillion, quintillion, decillion and vigintillion.

What happens when the liberals have to resort to demonizing greedy decillionaires. I mean, it just doesn't have the same ring to it.

14 posted on 06/25/2003 6:34:03 PM PDT by kylaka
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To: jimmccleod
screw 'em.
15 posted on 06/25/2003 6:34:50 PM PDT by plain talk
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To: kylaka

You better watch using that one in mixed company.

16 posted on 06/25/2003 6:36:15 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: jimmccleod
RIAA and the Organized Crime family of Music labels should get a clue and start by lowering the price of CD's. $20 for a CD? I only buy used CD's now and the RIAA and Mafia want to start collecting money on those too!
17 posted on 06/25/2003 6:37:00 PM PDT by gaucho (People used to come to the US for prosperity and now we just export it to them.)
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To: jimmccleod
File sharing? What is that?
18 posted on 06/25/2003 6:40:29 PM PDT by b4its2late (POLICE STATION TOILET STOLEN ....Cops have nothing to go on.)
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To: jimmccleod
"It doesn't take too many tickets to get everybody to obey the speed limit," Prestwood said

Oh yeah, that's right, cops write a few tickets and everybody obeys the speed limit, happens all the time, everyone's crawling on the interstate at 55 mph (/sarcasm).

19 posted on 06/25/2003 6:42:29 PM PDT by Numbers Guy
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To: plain talk
here's the kazaa link in case anyone is interested.

http://www.k-lite.tk/

Besides morpheus what else is a good one?
20 posted on 06/25/2003 6:42:43 PM PDT by plain talk
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